Regarding the proposal to impose administrative penalties on 12/9 Cinema Joint Stock Company
(Baonghean.vn) - Vinh City People's Committee has just proposed the Provincial People's Committee to impose an administrative fine of 210 million VND on 12/9 Cinema Joint Stock Company in the implementation of the new construction project. Is this surprising for a project that was granted an Investment Certificate more than 10 years ago?
There are delays in project implementation.
Construction projectMulti-functional Cinema Centeris a grade II civil work, invested by 12/9 Cinema Joint Stock Company, with a total investment of more than 132.1 billion VND. This project was approved by the Provincial People's Committee for detailed construction planning 1/500 on October 27, 2010 in Decision No. 5092/QD-UBND.
As of March 6, 2012, 12/9 Cinema Joint Stock Company was leased land by the Provincial People's Committee with an area of 5,621.3m2According to the plan, the project includes 4 items and works including: Sports and Tourism Supermarket Block (Building A), with an area of 1,112m2; Cinema, entertainment and office block (building B), with an area of 1,112m2; Green land, garden with area of 560m22Internal road yard with area of 2,816m2The project is located right on Quang Trung Street (in Quang Trung Ward), one of the most "prime" areas in Vinh City.
According to the Investment Certificate issued on July 5, 2012, the progress of the 12/9 Multi-functional Cinema Center project is divided into 2 phases. Phase I from the first quarter of 2012 to the first quarter of 2013, includes steps of investment preparation, site clearance, construction of the cinema, entertainment and office block (building B); Phase II from the second quarter of 2016 to the first quarter of 2017, includes steps of construction of the sports and tourism supermarket block (building A), completion of the project and putting it into operation.
More than 10 years have passed since the construction planning was approved, but up to now, 12/9 Cinema Joint Stock Company has only built a cinema, entertainment and office block, along with a yard and internal roads. In the land area planned to build a sports and tourism supermarket block, after many years of being used by the investor as a cafe and beer house, at the end of 2023, the ground was leveled and construction was carried out vigorously.
Proposed handling by Vinh City People's Committee
After the investor restarted the project and the contractor proceeded to drive D500 centrifugal piles to build the foundation for building area A, it actually affected the surrounding area. On January 25, 2024, the People's Committee of Quang Trung Ward issued Document No. 44/UBND-DT to 12/9 Cinema Joint Stock Company regarding the resolution of existing problems during the construction of the Multi-functional Cinema Center.
According to the People's Committee of Quang Trung Ward, on January 18, 2024, the People's Committee of the Ward received a written reflection from Quang Trung Primary School, regarding the construction of the Multi-Functional Cinema Center, affecting the school buildings and the principal's office, creating noise, vibration, and shaking, causing anxiety and fear for teachers and students of the school.
Therefore, to ensure the safety of teachers and students of Quang Trung Primary School as well as neighboring works. Quang Trung Ward People's Committee has requested the investor and directed the construction contractor to ensure absolute safety during construction, limit noise affecting teaching and learning of the school and surrounding households. Organize construction works in compliance with regulations on construction quality management, not causing subsidence, cracking, or damage to technical infrastructure works, neighboring works; not affecting the safety and lives of households, teachers and students; develop environmental impact assessment reports in accordance with the provisions of law...
Also on January 25, 2024, the Urban Management Department coordinated with the Vinh City Urban Order Management Team and Quang Trung Ward People's Committee to inspect the construction site of this project. At the time of inspection, the investor and the construction unit failed to provide the project construction documents and Construction Permit; the pile driving construction caused loud noise, vibrations and shaking, affecting the school building of Quang Trung Primary School (this is a long-standing project and Vinh City People's Committee is planning to dismantle and rebuild) and neighboring projects.
Based on the record of the current status inspection dated January 25, 2024, on February 1, 2024, the Vinh City Urban Order Management Team drew up a record of administrative violations against 12/9 Cinema Joint Stock Company, for the following acts: Organizing construction of a work with the risk of causing the collapse of neighboring works and organizing construction of a work without a construction permit, as prescribed in Point C, Clause 5 and Point C, Clause 7, Article 16, Decree 16/2022/ND-CP, dated January 28, 2022 of the Government regulating administrative sanctions for violations of construction.
On February 1, 2024, Vinh City People's Committee issued Document No. 635/UBND-QLDT to the Department of Construction and the investor. In particular, it requested the Department of Construction to preside over and coordinate with relevant units to organize an on-site inspection to request the investor and the construction unit to have appropriate construction solutions, ensuring safety for Quang Trung Primary School and neighboring works.
Vinh City People's Committee also requested 12/9 Cinema Joint Stock Company to temporarily stop construction of the above project while the Department of Construction inspects the site and gives instructions.
In addition, based on the violations and the level of violations exceeding the authority of the Chairman of the People's Committee at the district and city levels (under 200 million VND), therefore, also on February 1, 2024, the People's Committee of Vinh City issued Document No. 648/UBND-QLDT to the Provincial People's Committee requesting to handle administrative violations against 12/9 Cinema Joint Stock Company with a total fine of 210 million VND. In addition, within 90 days from the date of issuance of the decision to sanction administrative violations, organizations and individuals committing violations must complete the application for a construction permit from the competent authority and have a construction permit issued by the competent authority...
